Practice question
An honestly mistaken creditor receives an undue payment on a legitimate subsisting claim and cancels its guaranty in reliance. Article 2162 applies. The payer sues a different guarantor whose undertaking and corresponding action remain effective. Is the statutory exemption of the payee alone conclusive against that claim?
- No; the final paragraph preserves recourse against guarantors where the action remains effective
- Yes, every guaranty in the world disappears
- Yes, the payee’s exemption immunizes every other person
- Yes, the payer can sue only the exempt payee
- Yes, unrelated guarantors become owners of the payment
Legal references
- Civil Code, Articles 22, 1157, 1160, 2142-2169 and 2176: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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